Is there a right of way across your land?
A right of way is the right to use another person's land to reach a plot. The deed usually determines who may use the path, for what purpose and under which conditions.
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Detailed explanation, checklist and sources
General information about Dutch law · Reviewed on · How we work
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Check the deeds
Look for easements in your deed of ownership and that of the other plot. Because the right may be stated in an earlier deed, an investigation at the Land Registry may be necessary.
Read the conditions carefully
A right to walk across the land does not automatically mean that you may also drive across it or allow visitors to pass through. Check who may use the path, where it runs and which arrangements apply to maintenance and closure. Also consider whether the use of the land is changing or becoming more intensive.
Do not simply close off the path
Discuss practical nuisance and possible adjustments. A gate may sometimes be possible if access remains usable, but the deed and circumstances are decisive.
Personal permission or an easement?
A notarial creation registered in the public register binds successive owners of the benefiting and burdened plots. An ordinary personal permission does not automatically bind a buyer; check contractual transfer or successor clauses. Tenants should check their lease and ask the landlord for the underlying deed. A paid Kadaster easement search can help locate missing deeds.
Ten and twenty years are separate routes
Prescription requires possession of the right, not simply regular walking with permission. Ten years of uninterrupted good-faith possession and acquisition after expiry of a recovery claim, usually twenty years, are distinct routes. Good faith, starting date, succession and interruption need examination. Collect old deeds, photographs and statements; a date alone proves nothing.
Maintenance, gates and disputes
The deed helps determine maintenance costs. Unless agreed otherwise, the beneficiary may carry out necessary works at their own expense and must maintain installed works where required; a neighbour's invoice is not automatically payable. Exercise the right with minimum burden. A gate must not make access impossible; discuss keys and accessibility. Request restoration in writing, propose mediation and seek urgent advice if access is blocked.
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Deed of ownership for both plots
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- Deed of ownership for both plots
- Earlier notarial deeds
- Cadastral investigation
- Map of the route
- Photos of current use
- Arrangements concerning maintenance and keys
Frequently asked questions
Is a right of way always shown on the cadastral map?
No. Check the notarial deeds or have an easement investigation carried out.
Can a right of way arise through prescription?
That can happen in certain circumstances, but it requires careful investigation into the duration and nature of the use.